Pubdate: Sat, 06 Jul 2013
Source: Sun-Sentinel (Fort Lauderdale, FL)
Copyright: 2013 Sun-Sentinel Company
Contact: http://drugsense.org/url/mVLAxQfA
Website: http://www.sun-sentinel.com/
Details: http://www.mapinc.org/media/159
Author: Rafael Olmeda

BROWARD COULD OFFER AN ALTERNATIVE IN POT CASES

For thousands of defendants charged with possessing small amounts of 
marijuana, a Broward judge may soon be offering a compassionate break 
that would hold them accountable for their offenses while still 
keeping their criminal records clean.

Broward County Judge Giselle Pollack, head of misdemeanor drug court, 
said she sees somewhere between 20 and 30 percent of the marijuana 
possession cases that come to the Broward County Courthouse. But she 
wants all marijuana arrests, no matter how many times the defendant 
has been charged with the same offense before.

It's an idea that already has the support of Broward Public Defender 
Howard Finkelstein. State Attorney Mike Satz is considering it, and 
if he signs on, all misdemeanor drug offenders will have a chance to 
come out of the criminal justice system with a clean record.

"When people are arrested for marijuana possession, they have two 
basic choices," said Pollack. "They can plead guilty, or they can 
plead not guilty and go to trial."

A guilty plea or conviction could have serious, long-term 
consequences, she said, including limiting scholarship, educational, 
job and housing opportunities.

Drug court, she said, gives them a third option. Those who agree to 
it can go through an intense, six-month drug treatment and 
rehabilitation program. Once they've completed it, their cases are 
dismissed, and they can answer truthfully when anyone asks if they've 
been convicted of a crime.

But not every offender gets the choice to bring their case to drug 
court. Currently, misdemeanor drug offenders go before a county judge 
who determines whether the case should be referred to Pollack. A 
number of factors come into play, including whether it's a first 
offense. Pollack said drug court should be their first stop, with the 
treatment option ruled out by a judge who handles drug cases exclusively.

It's a compassionate approach to an offense burdened by a significant 
racial disparity, said Finkelstein, who agreed to Pollack's approach 
last week. "According to the [American Civil Liberties Union], black 
people are 3.7 times more likely to be prosecuted for marijuana 
offenses in Broward County than white people, even though marijuana 
use is the same across racial lines," he said. "They are more likely 
to get arrested, and without drug court as an option in many cases, 
they are more likely to end up with criminal records."

Pollack cited the same study and said it's a problem that needs fixing.

"We must eliminate, as much as possible, the disproportionate 
treatment of African Americans in the criminal justice system, and 
the way to do that here is to give all offenders the same opportunity 
to have a clean record," she said. "The only way to do that is to 
send them all to me right from the start."

At any given time, Pollack said her court oversees 800 cases. If she 
gets her way, that number could triple.

It's a long way from the six cases referred to her when she started 
the misdemeanor drug court program in 2005.

Prosecutors are more hesitant than defense lawyers to commit.

"It appears to be a well intentioned idea, but it's going to need 
some study," said Broward State Attorney's Office spokesman Ron 
Ishoy. "We are going to speak to the Broward Association of Criminal 
Defense Lawyers, other defense lawyers and the Public Defender's 
Office about it."

A marijuana possession case is treated as a misdemeanor if the person 
arrested has less than 20 grams of pot. Misdemeanors are punishable 
by less than a year in prison.

Those who are arrested with more than 20 grams are charged with a 
felony - and those cases automatically go to felony drug court. The 
options and opportunities there are the same. The main difference is 
the treatment program is one year, twice as long as that for 
misdemeanor offenders.

Pollack couldn't say why felony cases automatically go to drug court 
while misdemeanors need another judge's stamp of approval, but it's 
another disparity she said has to change.
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